1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JORGE GUADALUPE RAYGOZA Case No.: 19cv2430-LAB (AHG)

12 Plaintiff, ORDER OF DISMISSAL 13 v. 14 MTS CODE COMPLIANCE SERGEANT J. KRESIC 15 Defendant. 16

17 18 Plaintiff Jorge Raygoza, who is represented by counsel, filed his complaint 19 on December 19, 2019, and a summons was issued. Since then, he has not filed 20 anything, and Defendant has not appeared. 21 The Court ordered him to show cause by May 20, 2020 why this action 22 should not be dismissed both for failure to serve and failure to prosecute. See Fed. 23 R. Civ. P. 4(m) and 41(b); and Civil Local Rule 41.1(a). See also Hells Canyon 24 Preservation Council v. U.S. Forestry Serv.,

(9th Cir. 2005) 25 (holding that district court may dismiss under Rule 41(b) sua sponte). The Court, 26 noting that Raygoza’s counsel was capable of filing electronically, required him to 27 file his response even if the Clerk’s office was physically inaccessible. The Court 28 also cautioned him that if he failed to show cause, this action would be dismissed. 1 Since then, Raygoza has filed nothing. This action is therefore DISMISSED 2 || WITHOUT PREJUDICE for failure to serve and failure to prosecute. 3 4 IT IS SO ORDERED. 5 || Dated: May 26, 2020 6 [ WM f 4. Ga 7 Honorable Larry Alan Burns 8 Chief United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28